S*616 Session 112 (1997-1998)
S*0616(Rat #0201, Act #0141 of 1997) General Bill, By Holland, Giese, Lander and
McConnell
Similar(H 3768)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
16-3-1350 SO AS TO PROVIDE FOR MEDICOLEGAL EXAMS RELATING TO CERTAIN ILLEGAL
SEXUAL ACTIVITY; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS
ELIGIBLE FOR AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE
PROVISIONS THAT ALLOW A LICENSED HEALTH CARE OR MEDICAL FACILITY TO RECEIVE
AWARDS FROM THE FUND; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO
THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO REVISE THE PROVISIONS OF
THE ARTICLE; TO AMEND SECTION 14-1-206, AS AMENDED, RELATING TO CERTAIN
GENERAL SESSIONS COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE
ASSESSMENTS AND THE DISBURSEMENT OF THE ASSESSMENTS; TO AMEND SECTION
14-1-207, AS AMENDED, RELATING TO CERTAIN MAGISTRATE'S COURT ASSESSMENTS, SO
AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE DISBURSEMENT OF THE
ASSESSMENTS; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO MUNICIPAL
COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE
DISBURSEMENT OF THE ASSESSMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION
14-1-211 SO AS TO PROVIDE CERTAIN SURCHARGES TO BE IMPOSED FOR CONVICTIONS
OBTAINED IN GENERAL SESSIONS, MAGISTRATE'S, AND MUNICIPAL COURTS, AND TO
PROVIDE FOR THE DISBURSEMENT OF THESE SURCHARGES; AND TO PROVIDE A
SEVERABILITY CLAUSE.-AMENDED TITLE
04/03/97 Senate Introduced and read first time SJ-4
04/03/97 Senate Referred to Committee on Judiciary SJ-4
04/15/97 Senate Committee report: Favorable with amendment
Judiciary SJ-14
04/15/97 Senate Retaining place on calendar recommitted to
Committee on Judiciary SJ-14
04/29/97 Senate Recalled from Committee on Judiciary SJ-26
04/29/97 Senate Read second time SJ-26
04/29/97 Senate Ordered to third reading with notice of
amendments SJ-26
04/30/97 Senate Amended SJ-3636
04/30/97 Senate Read third time and sent to House
05/01/97 House Introduced and read first time HJ-14
05/01/97 House Referred to Committee on Judiciary HJ-14
05/28/97 House Committee report: Favorable with amendment
Judiciary HJ-56
06/03/97 House Requests for debate-Rep(s). Kirsh, Meacham,
Baxley, McLeod, Loftis, Limbaugh, Harrison, D.
Smith, Simrill, Young & Knotts HJ-106
06/04/97 House Requests for debate removed-Rep(s). Knotts,
Harrison, Limbaugh, Loftis & Meacham HJ-20
06/04/97 House Requests for debate removed-Rep(s). Simrill &
Young HJ-63
06/04/97 House Amended HJ-63
06/04/97 House Read second time HJ-89
06/05/97 House Read third time and returned to Senate with
amendments HJ-17
06/05/97 Senate Concurred in House amendment and enrolled SJ-150
06/09/97 Ratified R 201
06/13/97 Signed By Governor
06/13/97 Effective date Secs. 1, 2, and 3 take effect
10/1/97; all other Secs. take effect on 07/01/97
07/09/97 Copies available
07/09/97 Act No. 141
(A141, R201, S616)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO
PROVIDE FOR MEDICOLEGAL EXAMS RELATING TO CERTAIN
ILLEGAL SEXUAL ACTIVITY; TO AMEND SECTION 16-3-1210, AS
AMENDED, RELATING TO PERSONS ELIGIBLE TO RECEIVE
AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS
TO DELETE THE PROVISIONS THAT ALLOW A LICENSED
HEALTH CARE OR MEDICAL FACILITY TO RECEIVE AWARDS
FROM THE FUND; TO AMEND ARTICLE 15, CHAPTER 3, TITLE
16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF
RIGHTS, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE;
TO AMEND SECTION 14-1-206, AS AMENDED, RELATING TO
CERTAIN GENERAL SESSIONS COURT ASSESSMENTS, SO AS TO
REVISE THE AMOUNT OF THE ASSESSMENTS AND THE
DISBURSEMENT OF THE ASSESSMENTS; TO AMEND SECTION
14-1-207, AS AMENDED, RELATING TO CERTAIN MAGISTRATE'S
COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE
ASSESSMENTS AND THE DISBURSEMENT OF THE
ASSESSMENTS; TO AMEND SECTION 14-1-208, AS AMENDED,
RELATING TO MUNICIPAL COURT ASSESSMENTS, SO AS TO
REVISE THE AMOUNT OF THE ASSESSMENTS AND THE
DISBURSEMENT OF THE ASSESSMENTS; TO AMEND THE 1976
CODE BY ADDING SECTION 14-1-211 SO AS TO PROVIDE
CERTAIN SURCHARGES TO BE IMPOSED FOR CONVICTIONS
OBTAINED IN GENERAL SESSIONS, MAGISTRATE'S, AND
MUNICIPAL COURTS, AND TO PROVIDE FOR THE
DISBURSEMENT OF THESE SURCHARGES; AND TO PROVIDE A
SEVERABILITY CLAUSE.
Be it enacted by the General Assembly of the State of South Carolina:
Medicolegal examination
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1350. (A) The State must ensure that a victim of
criminal sexual conduct in any degree, criminal sexual conduct with a
minor in any degree, or child sexual abuse must not bear the cost of his or
her routine medicolegal exam following the assault if the victim has filed
an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment
and to gathering evidence from the body of the victim and must be based
on and meet minimum standards for rape exam protocol as developed by
the South Carolina Law Enforcement Division, the South Carolina
Hospital Association, and the Governor's Office Division of Victim
Assistance with production costs to be paid from funds appropriated for
the Victim's Compensation Fund. These exams must include treatment
for venereal disease, and must include medication for pregnancy
prevention if indicated and if desired. The South Carolina Law
Enforcement Division must distribute these exam kits to any licensed
health care facility providing sexual assault exams. When dealing with
a victim of criminal sexual assault, the law enforcement agency
immediately must transport the victim to the nearest licensed health care
facility which performs sexual assault exams. A health care facility
providing sexual assault exams must use the standardized protocol
described above.
(C) A licensed health care facility, upon completion of a routine sexual
assault exam as described in subsection (B) performed on a victim of
criminal sexual conduct in any degree, criminal sexual conduct with a
minor in any degree, or child sexual abuse, may file a claim for
reimbursement directly to the South Carolina Crime Victim's
Compensation Fund if the offense occurred in South Carolina. The South
Carolina Crime Victim's Compensation Fund must develop procedures for
health care facilities to follow when filing a claim with respect to the
privacy of the victim. Health care facility personnel must obtain
information necessary for the claim at the time of the exam, if possible.
The South Carolina Crime Victim's Compensation Fund must reimburse
eligible health care facilities directly.
(D) The Governor's Office Division of Victim Assistance must utilize
existing funds appropriated from the general fund for the purpose of
compensating licensed health care facilities for the cost of routine medical
exams for sexual assault victims as described above. When the director
determines that projected reimbursements in a fiscal year provided in this
section exceed funds appropriated for payment of these reimbursements,
he must direct the payment of the additional services from the Victim's
Compensation Fund. For the purpose of this particular exam, the one
hundred dollar deductible is waived for award eligibility under the fund.
The South Carolina Victim's Compensation Fund must develop
appropriate guidelines and procedures and distribute them to law
enforcement agencies and appropriate health care facilities."
Victim Benefits
SECTION 2. Section 16-3-1210 of the 1976 Code, as last amended by
an act of 1997 bearing ratification no. 68, is further amended to read:
"Section 16-3-1210. Except as provided in Section 16-3-1220, a
victim, surviving spouse, or a parent or legally dependent child of a victim
is entitled to file for benefits under this article if either:
(a) the offense was committed in this State; or
(b) the victim was a resident of this State when the crime was
committed in either another state or outside the United States if the crime
is terrorism. In either case the award payable under this article must be
reduced by the amount paid or payable under the laws of another state as
a result of the criminal act giving rise to the claim; or
(c) the victim was a resident of this State when the offense was
committed in another state. In any case, the award payable under this
article must be reduced by the amount paid or payable under the laws of
another state as a result of the criminal act giving rise to the claim.
A surviving spouse, parent, or legally dependent child is not entitled to
file for benefits under this section if that person is the subject of an
investigation, has been charged with, convicted of, or pled guilty or nolo
contendere to the offense in question, or acted on behalf of the suspect,
juvenile offender, or defendant."
Victim and witness service
SECTION 3. Article 15, Chapter 3, Title 16 of the 1976 Code is
amended to read:
"Article 15
Victim and Witness Service
Section 16-3-1505. In recognition of the civic and moral duty of
victims of and witnesses to a crime to cooperate fully and voluntarily with
law enforcement and prosecution agencies, and in further recognition of
the continuing importance of this citizen cooperation to state and local
law enforcement efforts and to the general effectiveness and the
well-being of the criminal and juvenile justice systems of this State, and
to implement the rights guaranteed to victims in the Constitution of this
State, the General Assembly declares its intent, in this article, to ensure
that all victims of and witnesses to a crime are treated with dignity,
respect, courtesy, and sensitivity; that the rights and services extended in
this article to victims of and witnesses to a crime are honored and
protected by law enforcement agencies, prosecutors, and judges in a
manner no less vigorous than the protections afforded criminal
defendants; and that the State has a responsibility to provide support to a
network of services for victims of a crime, including victims of domestic
violence and criminal sexual assault.
Section 16-3-1510. For the purpose of this article:
(1) 'Victim' means a person who suffers direct or threatened physical,
psychological, or financial harm as the result of the commission or
attempted commission of a criminal offense, as defined in this section.
'Victim' also includes the person's spouse, parent, child, or the lawful
representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include a spouse, parent, child, or lawful
representative who is the subject of an investigation for, who is charged
with, or who has been convicted of or pled guilty or nolo contendere to
the offense in question. 'Victim' also does not include a spouse, parent,
child, or lawful representative who is acting on behalf of the suspect,
juvenile offender, or defendant.
(2) 'Person' means an individual.
(3) 'Criminal offense' means an offense against the person or an
offense against the property of the person when the value of the property
destroyed or the cost of the damage is in excess of one thousand dollars,
including both common law and statutory offenses. 'Criminal offense'
does not include the drawing or uttering of a fraudulent check.
(4) 'Witness' means a person who has been or is expected to be
summoned to testify for either the prosecution or the defense or who by
reason of having relevant information is subject to be called or likely to
be called as a witness for the prosecution or defense for criminal offenses
defined in this section, whether or not any action or proceeding has been
commenced.
(5) 'Prosecuting agency' means the solicitor, Attorney General, special
prosecutor, or any person or entity charged with the prosecution of a
criminal case in general sessions or family court.
(6) 'Summary court' means magistrate or municipal court.
(7) 'Initial offense incident report' means a uniform traffic accident
report or a standardized incident report form completed at the time of the
initial law enforcement response. 'Initial offense incident report' does not
include supplementary reports, investigative notes or reports, statements,
letters, memos, other communications, measurements, sketches, or
diagrams not included in the initial offense incident report, or any material
that may be considered the work product of a law enforcement officer or
witness.
(8) 'In writing' means any written communication, including
electronically transmitted data.
Section 16-3-1515. (A) A victim or prosecution witness who wishes
to exercise his rights under this article or receive services under this
article, or both, must provide a law enforcement agency, a prosecuting
agency, a summary court judge, the Department of Corrections, the
Department of Probation, Parole, and Pardon Services, the Board of
Juvenile Parole, or the Department of Juvenile Justice, as appropriate, his
legal name, current mailing address, and current telephone number upon
which the agency must rely in the discharge of its duties under this article.
(B) A victim who wishes to receive restitution must, within
appropriate time limits set by the prosecuting agency or summary court
judge, provide the prosecuting agency or summary court judge with an
itemized list which includes the values of property stolen, damaged, or
destroyed; property recovered; medical expenses or counseling expenses,
or both; income lost as a result of the offense; out-of-pocket expenses
incurred as a result of the offense; any other financial losses that may have
been incurred; an itemization of financial recovery from insurance, the
offense victim's compensation fund, or other sources. The prosecuting
agency, court, or both, may require documentation of all claims. This
information may be included in a written victim impact statement.
(C) A victim who wishes to be present for any plea, trial, or sentencing
must notify the prosecuting agency or summary court judge of his desire
to be present. This notification may be included in a written victim
impact statement.
(D) A victim who wishes to submit a written victim impact statement
must provide it to the prosecuting agency or summary court judge within
appropriate time limits set by the prosecuting agency or summary court
judge.
(E) A victim who wishes to make an oral victim impact statement to
the court at sentencing must notify the prosecuting agency or summary
court judge of this desire in advance of the sentencing.
Section 16-3-1520. (A) A law enforcement agency must provide a
victim, free of charge, a copy of the initial incident report of his case, and
a document which:
(1) describes the constitutional rights the State grants victims in
criminal cases;
(2) describes the responsibilities of victims in exercising these
rights;
(3) lists local victim assistance and social service providers;
(4) provides information on eligibility and application for victim's
compensation benefits; and
(5) provides information about the rights of victims and witnesses
who are harassed or threatened.
(B) A law enforcement agency, within a reasonable time of initial
contact, must assist each eligible victim in applying for victim's
compensation benefits and other available financial, social service, and
counseling assistance.
(C) Law enforcement victim advocates, upon request, may intervene
with, and seek special consideration from, creditors of a victim who is
temporarily unable to continue payments as a result of an offense and with
the victim's employer, landlord, school, and other parties as considered
appropriate through the investigative process.
(D) A law enforcement agency, upon request, must make a reasonable
attempt to inform a victim of the status and progress of his case from
initial incident through:
(1) disposition in summary court;
(2) the referral of a juvenile offender to the Department of Juvenile
Justice; or
(3) transmittal of a general sessions warrant to the prosecuting
agency.
Section 16-3-1525. (A) A law enforcement agency, upon effecting
the arrest or detention of a person accused of committing an offense
involving one or more victims, must make a reasonable attempt to notify
each victim of the arrest or detention and of the appropriate bond or other
pretrial release hearing or procedure.
(B) A law enforcement agency, before releasing to his parent or
guardian a juvenile offender accused of committing an offense involving
one or more victims, must make a reasonable effort to inform each victim
of the release.
(C) A law enforcement agency, upon effecting the arrest or detention
of a person accused of committing an offense involving one or more
victims, must provide to the jail, prison, or detention or holding facility
having physical custody of the defendant, the name, mailing address, and
telephone number of each victim. If the person is transferred to another
facility, this information immediately must be transmitted to the receiving
facility. The names, addresses, and telephone numbers of victims and
witnesses contained in the files of a jail, prison, or detention or holding
facility are confidential and must not be disclosed directly or indirectly,
except as necessary to provide notifications.
(D) A law enforcement agency, after detaining a juvenile accused of
committing an offense involving one or more victims, must provide to the
Department of Juvenile Justice the name, address, and telephone number
of each victim.
(E) After effecting the arrest or detention of a person accused of
committing an offense not under the jurisdiction of a summary court, and
involving one or more victims, the arresting law enforcement agency must
provide, in writing, to the prosecuting agency before a bond or release
hearing before a circuit or family court judge the name, address, and
telephone number of each victim.
(F) After the arrest or detention of a person accused of committing an
offense involving one or more victims and which is triable in summary
court or an offense involving one or more victims for which a preliminary
hearing may be held, the arresting law enforcement agency must provide,
in writing, to the summary court the name, mailing address, and telephone
number of each victim.
(G) A law enforcement agency must provide any measures necessary
to protect the victims and witnesses, including transportation to and from
court and physical protection in the courthouse.
(H) In cases in which a defendant has bond set by a summary court
judge:
(1) the facility having custody of the defendant reasonably must
attempt to notify each victim of each case for which bond is being
determined of his right to attend the bond hearing and make
recommendations to the presiding judge. This notification must be made
sufficiently in advance to allow the victim to exercise his rights contained
in this article;
(2) the summary court judge, before proceeding with a bond
hearing in a case involving a victim, must ask the representative of the
facility having custody of the defendant to verify that a reasonable attempt
was made to notify the victim sufficiently in advance to attend the
proceeding. If notice was not given in a timely manner, the hearing must
be delayed for a reasonable time to allow notice; and
(3) the summary court judge must impose bond conditions which
are sufficient to protect a victim from harassment or intimidation by the
defendant or persons acting on the defendant's behalf.
(I) In cases in which a defendant has a bond proceeding before a
circuit court judge:
(1) the prosecuting agency reasonably must attempt to notify each
victim of each case for which bond is being determined of his right to
attend the bond hearing and make recommendations to the presiding
judge. This notification must be made sufficiently in advance to allow the
victim to exercise his rights contained in this article;
(2) the circuit court judge, before proceeding with a bond hearing
in a case involving a victim, must ask the representative of the prosecuting
agency to verify that a reasonable attempt was made to notify the victim
sufficiently in advance to attend. If notice was not given in a timely
manner, the hearing must be delayed for a reasonable time to allow notice;
and
(3) the circuit court judge must impose bond conditions which are
sufficient to protect a victim from harassment or intimidation by the
defendant or persons acting on the defendant's behalf.
(J) In cases in which a juvenile has a detention hearing before a
family court judge:
(1) the prosecuting agency must reasonably attempt to notify each
victim of each case for which the juvenile is appearing before the court of
his right to attend the detention hearing and make recommendations to the
presiding judge. This notification must be made sufficiently in advance
to allow the victim to exercise his rights pertaining to the detention
hearing;
(2) the family court judge, before proceeding with a detention
hearing in a case involving a victim, must ask the prosecuting agency to
verify that a reasonable attempt was made to notify the victim sufficiently
in advance to attend. If notice was not given in a timely manner, the
hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that a juvenile must
be detained, must impose conditions of release which are sufficient to
protect a victim from harassment or intimidation by the juvenile or a
person acting on the juvenile's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a
victim, the summary court judge reasonably must attempt to notify each
victim of each case for which the defendant has a hearing of his right to
attend.
Section 16-3-1530. (A) A jail, prison, or detention or holding facility
having custody of a person accused, convicted, or adjudicated guilty of
committing an offense involving one or more victims reasonably must
attempt to notify each victim, upon request, of the release of the person.
(B) A department or agency having custody or custodial supervision
of a person accused of committing an offense involving one or more
victims reasonably must attempt to notify each victim, upon request, of
an escape by the person.
(C) A department or agency having custody of a person accused,
convicted, or adjudicated guilty of committing an offense involving one
or more victims must inform each victim, upon request, of any transfer of
the person to a less secure facility.
(D) A department or agency having custody or custodial supervision
of a person convicted or adjudicated guilty of committing an offense
involving one or more victims must reasonably attempt to notify each
victim and prosecution witness, upon request, of an escape by the person.
Section 16-3-1535. (A) The summary court, upon retaining
jurisdiction of an offense involving one or more victims, reasonably must
attempt to notify each victim of his right to:
(1) be present and participate in all hearings;
(2) be represented by counsel;
(3) pursue civil remedies; and
(4) submit an oral or written victim impact statement, or both, for
consideration by the summary court judge at the disposition proceeding.
(B) The summary court must provide to each victim who wishes to
make a written victim impact statement a form that solicits pertinent
information regarding the offense, including:
(1) the victim's personal information and supplementary contact
information;
(2) an itemized list of the victim's economic loss and recovery from
any insurance policy or any other source;
(3) details of physical or psychological injuries, or both, including
their seriousness and permanence;
(4) identification of psychological services requested or obtained
by the victim;
(5) a description of any changes in the victim's personal welfare or
family relationships; and
(6) any other information the victim believes to be important and
pertinent.
(C) The summary court judge must inform a victim of the applicable
procedures and practices of the court.
(D) The summary court judge reasonably must attempt to notify each
victim related to the case of each hearing, trial, or other proceeding.
(E) A law enforcement agency and the summary court must return to
a victim personal property recovered or taken as evidence as expeditiously
as possible, substituting photographs of the property and itemized lists of
the property including serial numbers and unique identifying
characteristics for use as evidence when possible.
(F) The summary court judge must recognize and protect the rights of
victims and witnesses as diligently as those of the defendant.
Section 16-3-1540. (A) The Department of Juvenile Justice, upon
referral of a juvenile accused of committing an offense involving one or
more victims, must make a reasonable effort to confer with each victim
before:
(1) placing the juvenile in a diversion program;
(2) issuing a recommendation for diversion;
(3) referring the juvenile to the prosecuting agency for prosecution;
(4) issuing a recommendation for evaluation at the agency's
reception and evaluation center; or
(5) taking other action.
(B) The Department of Juvenile Justice must make a reasonable effort
to keep each victim reasonably informed of the status and progress of a
case from the time it is referred by law enforcement until it is referred to
the prosecuting agency.
Section 16-3-1545. (A) The prosecuting agency, when a juvenile
case is referred or a general sessions charge is received involving one or
more victims, reasonably must attempt to notify each victim of his right
to submit an oral or written victim impact statement, or both, for
consideration by the circuit or family court judge at the disposition
proceeding. The victim also must be informed that a written victim
impact statement may be submitted at any postadjudication proceeding by
the Department of Corrections, the Department of Probation, Parole, and
Pardon Services, the Board of Juvenile Parole, or the Department of
Juvenile Justice. The prosecuting agency must provide to each victim
who wishes to make a written victim impact statement a form that solicits
pertinent information regarding the offense that may include:
(1) the victim's personal information and supplementary contact
information;
(2) an itemization of the victim's economic loss and recovery from
any insurance policy or another source;
(3) details of physical or psychological injuries, or both, including
their seriousness and permanence;
(4) identification of psychological services requested or obtained
by the victim;
(5) a description of any changes in the victim's personal welfare or
family relationships; and
(6) any other information the victim believes to be important and
pertinent.
(B) The prosecuting agency must offer the victim assistance in
preparing a comprehensive victim impact statement and assistance in
reviewing and updating the statement, as appropriate, before the case is
disposed.
(C) The prosecuting agency must inform victims and witnesses of the
applicable procedures and practices of the criminal or juvenile justice
system, or both.
(D) The prosecuting agency must inform each victim of his right to
legal counsel and of any available civil remedies.
(E) A law enforcement agency, the prosecuting agency, and the circuit
and family courts must return to a victim personal property recovered or
taken as evidence as expeditiously as possible, substituting photographs
of the property and itemized lists of the property including serial numbers
and unique identifying characteristics to use as evidence when possible.
(F) The prosecuting agency must inform victims and prosecution
witnesses of financial assistance, compensation, and fees to which they
may be entitled and must offer to the victims and witnesses assistance
with applications for these items.
(G) The prosecuting agency, upon request, must make a reasonable
attempt to keep each victim informed of the status and progress of a case,
with the exception of preliminary hearings, from the time a juvenile case
is referred to, or a general sessions charge is received by, the prosecuting
agency for disposition of the case in general sessions or family court.
(H) The prosecuting agency must discuss a case with the victim. The
agency must confer with each victim about the disposition of the case
including, but not limited to, diversions and plea negotiations.
(I) The prosecuting agency reasonably must attempt to notify each
victim of each hearing, trial, or other proceeding. This notification must
be made sufficiently in advance to allow the victim to exercise his rights
contained in this article. When proceedings are canceled or rescheduled,
the prosecuting agency must reasonably attempt to inform victims and
witnesses in a timely manner.
(J) The prosecuting agency victim advocate, upon request, may
intercede with, and seek special consideration from, employers of victims
and witnesses to prevent loss of pay or benefits, or both, resulting from
their participation in the criminal or juvenile justice system and with the
victim's creditors, landlord, school, and other parties, as appropriate,
throughout the prosecution process.
(K) If a victim or witness is threatened, the prosecuting agency
immediately must refer the incident to the appropriate law enforcement
agency for prompt investigation and make a reasonable attempt to
prosecute the case.
(L) The prosecuting agency must take reasonable and appropriate
steps to minimize inconvenience to victims and witnesses throughout
court preparation and court proceedings and must familiarize victims and
witnesses with courtroom procedure and protocol.
(M) The prosecuting agency must refer victims to counselors, social
service agencies, and victim assistance providers, as appropriate.
Section 16-3-1550. (A) Employers of victims and witnesses must
not retaliate against or suspend or reduce the wages and benefits of a
victim or witness who lawfully responds to a subpoena. A wilful
violation of this provision constitutes contempt of court.
(B) A person must not be sequestered from a proceeding adjudicating
an offense of which he was a victim.
(C) For proceedings in the circuit or family court, the law enforcement
and prosecuting agency must make reasonable efforts to provide victims
and prosecution witnesses waiting areas separate from those used by the
defendant and defense witnesses.
(D) The circuit or family court judge must recognize and protect the
rights of victims and witnesses as diligently as those of the defendant. A
circuit or family court judge, before proceeding with a trial, plea,
sentencing, or other dispositive hearing in a case involving a victim, must
ask the prosecuting agency to verify that a reasonable attempt was made
to notify the victim sufficiently in advance to attend. If notice was not
given in a timely manner, the hearing must be delayed for a reasonable
time to allow notice.
(E) The circuit or family court must treat sensitively witnesses who are
very young, elderly, handicapped, or who have special needs by using
closed or taped sessions when appropriate. The prosecuting agency or
defense attorney must notify the court when a victim or witness deserves
special consideration.
(F) The circuit or family court must hear or review any victim impact
statement, whether written or oral, before sentencing. Within a reasonable
period of time before sentencing, the prosecuting agency must make
available to the defense any written victim impact statement and the court
must allow the defense an opportunity to respond to the statement.
However, the victim impact statement must not be provided to the defense
until the defendant has been found guilty by a judge or jury. The victim
impact statement and its contents are not admissible as evidence in any
trial.
(G) The circuit and family court must address the issue of restitution
as provided by statute.
Section 16-3-1555. (A) The circuit or family court must order, in a
timely manner, reasonable expert witness fees and reimbursement to
victims of reasonable out-of-pocket expenses associated with lawfully
serving a subpoena.
(B) The prosecuting agency must forward, as appropriate and within
a reasonable time, a copy of each victim's impact statement or the name,
mailing address, and telephone number of each victim, or both, to the
Department of Corrections, the Department of Probation, Parole, and
Pardon Services, the Board of Juvenile Parole, or the Department of
Juvenile Justice. The names, addresses, and telephone numbers of victims
and prosecution witnesses contained in the records of the Department of
Corrections, the Department of Probation, Parole, and Pardon Services,
the Board of Juvenile Parole, and the Department of Juvenile Justice are
confidential and must not be disclosed directly or indirectly, except by
order of a court of competent jurisdiction or as necessary to provide
notifications, or services, or both, between these agencies, these agencies
and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a
written victim impact statement with the victim's personal information
deleted.
(D) The prosecuting agency must inform the victim and the
prosecution witnesses of their responsibility to provide the prosecuting
agency, the Department of Corrections, the Department of Probation,
Parole, and Pardon Services, the Board of Juvenile Parole, the Department
of Juvenile Justice, or the Attorney General, as appropriate, their legal
names, current addresses, and telephone numbers.
(E) The prosecuting agency must inform the victim about the
collection of restitution, fees, and expenses, the recovery of property used
as evidence, and how to contact the Department of Corrections, the Board
of Juvenile Parole, the Department of Probation, Parole, and Pardon
Services, the Department of Juvenile Justice, or the Attorney General, as
appropriate.
Section 16-3-1560. (A) The Department of Corrections, the
Department of Probation, Parole, and Pardon Services, the Board of
Juvenile Parole, or the Department of Juvenile Justice, as appropriate,
reasonably must attempt to notify each victim of post-conviction
proceedings affecting the probation, parole, or release of the offender, and
of the victim's right to attend and comment at these proceedings. This
notification must be made sufficiently in advance to allow the victim to
exercise his rights as they pertain to post-conviction proceedings.
(B) The Attorney General, upon receiving notice of appeal or other
post-conviction action by an offender convicted of or adjudicated guilty
for committing an offense involving one or more victims, must request
from the Department of Corrections, the Department of Probation, Parole,
and Pardon Services, the Board of Juvenile Parole, or the Department of
Juvenile Justice, as appropriate, the victim's personal information.
(C) The Department of Corrections, the Department of Probation,
Parole, and Pardon Services, the Board of Juvenile Parole, or the
Department of Juvenile Justice, upon receipt of request for the victim's
personal information from the Attorney General in an appeal or
post-conviction proceeding, must supply the requested information within
a reasonable period of time.
(D) The Attorney General must confer with victims regarding the
defendant's appeal and other post-conviction proceedings.
(E) The Attorney General must keep each victim reasonably informed
of the status and progress of the appeal or other post-conviction
proceedings until their resolution.
(F) The Attorney General reasonably must attempt to notify a victim
of all post-conviction proceedings and of the victim's right to attend. This
notification must be made sufficiently in advance to allow the victim to
exercise his rights pertaining to post-conviction proceedings.
Section 16-3-1565. (A) Nothing in this article creates a cause of
action on behalf of a person against a public employee, public agency, the
State, or an agency responsible for the enforcement of rights and
provision of services set forth in this article.
(B) A sentence must not be invalidated because of failure to comply
with the provisions of this article.
(C) This article must not be construed to create a cause of action for
monetary damages."
General Sessions Court offense
SECTION 4. A. Section 14-1-206 of the 1976 Code, as last amended
by Act 292 of 1996, is further amended to read:
"Section 14-1-206. (A) Beginning January 1, 1995, and
continuously after that date, a person who is convicted of, pleads guilty
or nolo contendere to, or forfeits bond for an offense tried in general
sessions court must pay an amount equal to one hundred percent of the
fine imposed as an assessment. This assessment must be paid to the clerk
of court in the county in which the criminal judgment is rendered for
remittance to the State Treasurer by the county treasurer. The assessment
is based upon that portion of the fine that is not suspended and
assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit thirty-eight percent of the revenue
generated by the assessment imposed in subsection (A) to the county to
be used for the purposes set forth in subsection (D) and remit the balance
of the assessment revenue to the State Treasurer on a monthly basis by the
fifteenth day of each month and make reports on a form and in a manner
prescribed by the State Treasurer. Assessments paid in installments must
be remitted as received.
(C) The State Treasurer shall deposit the assessments received as
follows:
(1) 47.17 percent for programs established pursuant to Chapter 21
of Title 24 and the Shock Incarceration Program as provided in Article 13,
Chapter 13 of Title 24;
(2) 16.52 percent to the Department of Public Safety program of
training in the fields of law enforcement and criminal justice;
(3) .5 percent to the Department of Public Safety to defray the cost
of erecting and maintaining the South Carolina Law Enforcement Hall of
Fame. When funds collected pursuant to this item exceed the necessary
costs and expenses of the Hall of Fame operation and maintenance as
determined by the Department of Public Safety, the department may retain
the surplus for use in its law enforcement training programs;
(4) 16.21 percent to the Office of Indigent Defense for the defense
of indigents;
(5) 13.26 percent for the State Office of Victim Assistance;
(6) 5.34 percent to the general fund;
(7) 1.0 percent to the Attorney General's Office for a fund to
provide support for counties involved in complex criminal litigation. For
the purposes of this item, 'complex criminal litigation' means criminal
cases in which the State is seeking the death penalty and has served notice
as required by law upon the defendant's counsel, and the county involved
has expended more than two hundred fifty thousand dollars for a
particular case in direct support of operating the court of general sessions
and for prosecution related expenses. The Attorney General shall develop
guidelines for determining what expenses are reimbursable from the fund
and shall approve all disbursements from the fund. Funds must be paid
to a county for all expenditures authorized for reimbursement under this
item except for the first one hundred thousand dollars the county
expended in satisfying the requirements for reimbursement from the fund;
however, money disbursed from this fund must be disbursed on a 'first
received, first paid' basis. When revenue in the fund reaches five hundred
thousand dollars, all revenue in excess of five hundred thousand dollars
must be credited to the general fund of the State. Unexpended revenue in
the fund at the end of the fiscal year carries over and may be expended in
the next fiscal year.
(D) The revenue retained by the county under subsection (B) must be
used for the provision of services for the victims of crime including those
required by law. Any funds distributed to or retained by the county
treasurer pursuant to this item which are not used for the provision of
victim services at the end of the fiscal year may be used for the capital or
operating needs of the judicial system."
B. For fiscal year 1997-98, each county's monthly disbursement under
Section 14-1-206(B) must be reduced, unless the monthly disbursement
made pursuant to Section 14-1-206(C)(1) through (C)(7) is equal to or
greater than the disbursement made for the same month in fiscal year
1996-97. The reduction of the monthly disbursement to the county
pursuant to Section 14-1-206(B) may not be any greater than the amount
necessary to bring a monthly disbursement pursuant to Section
14-1-206(C)(1) through (C)(7) to the same amount as the same month in
fiscal year 1996-97, and the total reduction of disbursements to the county
for the year pursuant to Section 14-1-206(B) for the fiscal year 1997-98
must not be any greater than the amount necessary to bring the total of the
monthly disbursements pursuant to Section 14-1-206(C)(1) through (C)(7)
to the same amount as in fiscal year 1996-97. The monthly report by the
county treasurer must show the amount forwarded to the State Treasurer
for the same month in fiscal year 1996-97, the amount being retained by
the county for the month, and the amount of adjustment, if any, made to
the remittance to the State Treasurer pursuant to this provision.
Magistrate's court offense
SECTION 5. A. Section 14-1-207 of the 1976 Code, as last amended
by Act 145 of 1995, is further amended to read:
"Section 14-1-207. (A) Beginning January 1, 1995, and
continuously after that date, a person who is convicted of, pleads guilty
or nolo contendere to, or forfeits bond for an offense tried in magistrate's
court must pay an amount equal to 100 percent of the fine imposed as an
assessment. This assessment must be paid to the magistrate and deposited
as required by Section 22-1-70 in the county in which the criminal
judgment is rendered for remittance to the State Treasurer by the county
treasurer. The assessment is based upon that portion of the fine that is not
suspended and assessments must not be waived, reduced, or suspended.
(B) The county treasurer must remit 12 percent of the revenue
generated by the assessment imposed in subsection (A) to the county to
be used for the purposes set forth in subsection (D) and remit the balance
of the assessment revenue to the State Treasurer on a monthly basis by the
fifteenth day of each month and make reports on a form and in a manner
prescribed by the State Treasurer. Assessments paid in installments must
be remitted as received.
(C) The State Treasurer shall deposit the assessments as follows:
(1) 35.12 percent for programs established pursuant to Chapter 21
of Title 24 and the Shock Incarceration Program as provided in Article 13,
Chapter 13 of Title 24;
(2) 22.49 percent to the Department of Public Safety program of
training in the fields of law enforcement and criminal justice;
(3) .65 percent to the Department of Public Safety to defray the cost
of erecting and maintaining the South Carolina Law Enforcement Hall of
Fame. When funds collected pursuant to this item exceed the necessary
costs and expenses of the Hall of Fame operation and maintenance as
determined by the Department of Public Safety, the department may retain
the surplus for use in its law enforcement training programs;
(4) 20.42 percent for the State Office of Victim Assistance;
(5) 8.94 percent to the general fund;
(6) 11.38 percent to the Office of Indigent Defense for the defense
of indigents;
(7) 1.0 percent to the Attorney General's Office for a fund to
provide support for counties involved in complex criminal litigation. For
the purposes of this item, 'complex criminal litigation' means criminal
cases in which the State is seeking the death penalty and has served notice
as required by law upon the defendant's counsel and the county involved
has expended more than two hundred fifty thousand dollars for a
particular case in direct support of operating the court of general sessions
and for prosecution related expenses. The Attorney General shall develop
guidelines for determining what expenses are reimbursable from the fund
and shall approve all disbursements from the fund. Funds must be paid
to a county for all expenditures authorized for reimbursement under this
item except for the first one hundred thousand dollars the county
expended in satisfying the requirements for reimbursement from the fund;
however, money disbursed from this fund must be disbursed on a 'first
received, first paid' basis. When revenue in the fund reaches five hundred
thousand dollars, all revenue in excess of five hundred thousand dollars
must be credited to the general fund of the State. Unexpended revenue in
the fund at the end of the fiscal year carries over and may be expended in
the next fiscal year.
(D) The revenue retained by the county under subsection (B) must be
used for the provision of services for the victims of crime including those
required by law. Any funds distributed to or retained by the county
treasurer pursuant to this item which are not used for the provision of
victim services at the end of the fiscal year may be used for the capital or
operating needs of the judicial system."
B. For fiscal year 1997-98, each county's monthly disbursement under
Section 14-1-207(B) must be reduced, unless the monthly disbursement
made pursuant to Section 14-1-207(C)(1) through (C)(7) is equal to or
greater than the disbursement made for the same month in fiscal year
1996-97. The reduction of the monthly disbursement to the county
pursuant to Section 14-1-207(B) may not be any greater than the amount
necessary to bring a monthly disbursement pursuant to Section
14-1-207(C)(1) through (C)(7) to the same amount as the same month in
fiscal year 1996-97, and the total reduction of the disbursements to the
county for the year pursuant to Section 14-1-207(B) for the fiscal year
1997-98 must not be any greater than the amount necessary to bring the
total of the monthly disbursements for the year pursuant to Section
14-1-207(C)(1) through (C)(7) to the same amount as in fiscal year
1996-97. The monthly report by the county treasurer must show the
amount forwarded to the State Treasurer for the same month in fiscal year
1996-97, the amount being retained by the county for the month, and the
amount of adjustment, if any, made to the remittance to the State
Treasurer pursuant to this provision.
Municipal court offense
SECTION 6. A. Section 14-1-208 of the 1976 Code, as last amended
by Act 458 of 1996, is further amended to read:
"Section 14-1-208. (A) Beginning January 1, 1995, and
continuously after that date, a person who is convicted, or pleads guilty
or nolo contendere to, or forfeits bond for an offense tried in municipal
court must pay an amount equal to 64 percent of the fine imposed as an
assessment. This assessment must be paid to the municipal clerk of court
and deposited with the city treasurer for remittance to the State Treasurer.
The assessment is based upon that portion of the fine that is not suspended
and assessments must not be waived, reduced, or suspended.
(B) The city treasurer must remit 18.75 percent of the revenue
generated by the assessment imposed in subsection (A) to the
municipality to be used for the purposes set forth in subsection (D) and
remit the balance of the assessment revenue to the State Treasurer on a
monthly basis by the fifteenth day of each month and make reports on a
form and in a manner prescribed by the State Treasurer. Assessments
paid in installments must be remitted as received.
(C) The State Treasurer shall deposit the assessments received as
follows:
(1) 25.79 percent for programs established pursuant to Chapter 21
of Title 24 and the Shock Incarceration Program as provided in Article 13,
Chapter 13 of Title 24;
(2) 25.5 percent to the Department of Public Safety program of
training in the fields of law enforcement and criminal justice;
(3) .67 percent to the Department of Public Safety to defray the cost
of erecting and maintaining the South Carolina Law Enforcement Hall of
Fame. When funds collected pursuant to this item exceed the necessary
costs and expenses of the Hall of Fame operation and maintenance as
determined by the Department of Public Safety, the department may retain
the surplus for use in its law enforcement training programs;
(4) 19.06 percent for the State Office of Victim Assistance;
(5) 6.97 percent to the general fund;
(6) 19.38 percent to the Office of Indigent Defense for the defense
of indigents;
(7) 1.63 percent to the Department of Mental Health to be used
exclusively for the treatment and rehabilitation of drug addicts within the
department's addiction center facilities;
(8) 1.0 percent to the Attorney General's Office for a fund to
provide support for counties involved in complex criminal litigation. For
the purposes of this item, 'complex criminal litigation' means criminal
cases in which the State is seeking the death penalty and has served notice
as required by law upon the defendant's counsel and the county involved
has expended more than one hundred thousand dollars for a particular
case in direct support of operating the court of general sessions and for
prosecution-related expenses. The Attorney General shall develop
guidelines for determining what expenses are reimbursable from the fund
and shall approve all disbursements from the fund. Funds must be paid
to a county for all expenditures authorized for reimbursement under this
item except for the first one hundred thousand dollars the county
expended in satisfying the requirements for reimbursement from the fund;
however, money disbursed from this fund must be disbursed on a 'first
received, first paid' basis. When revenue in the fund reaches five hundred
thousand dollars, all revenue in excess of five hundred thousand dollars
must be credited to the general fund of the State. Unexpended revenue in
the fund at the end of the fiscal year carries over and may be expended in
the next fiscal year.
(D) The revenue retained by the municipality under subsection (B)
must be used for the provision of services for the victims of crime
including those required by law. Any funds retained by the city treasurer
pursuant to this item which are not used for the provision of victim
services at the end of the fiscal year may be used for the capital or
operating needs of the judicial system."
B. For fiscal year 1997-98, each municipality's monthly disbursement
under Section 14-1-208(B) must be reduced, unless the monthly
disbursement made pursuant to Section 14-1-208(C)(1) through (C)(8) is
equal to or greater than the disbursement made for the same month in
fiscal year 1996-97. The reduction of the monthly disbursements to the
municipality pursuant to Section 14-1-208(B) may not be any greater than
the amount necessary to bring a monthly disbursement pursuant to Section
14-1-208(C)(1) through (C)(8) to the same amount as the same month in
fiscal year 1996-97 and the total reduction of disbursements to the
municipality for the year pursuant to Section 14-1-208(B) for the fiscal
year 1997-98 must not be any greater than the amount necessary to bring
the total of the monthly disbursements pursuant to Section 14-1-208(C)(1)
through (C)(8) to the same amount for the year as in fiscal year 1996-97.
The monthly report by the city treasurer must show the amount forwarded
to the State Treasurer for the same month in fiscal year 1996-97, the
amount being retained by the municipality for the month, and the amount
of adjustment, if any, made to the remittance to the State Treasurer
pursuant to this provision.
General sessions court surcharge
SECTION 7. The 1976 Code is amended by adding:
"Section 14-1-211. (A) In addition to all other assessments and
surcharges, a one hundred dollar surcharge is imposed on all convictions
obtained in general sessions court and a twenty-five dollar surcharge is
imposed on all convictions obtained in magistrate's and municipal court
in this State. The surcharge must not be imposed on convictions for
misdemeanor traffic offenses. However, the surcharge applies to all
violations of Section 56-5-2930, driving under the influence of liquor,
drugs, or like substances. No portion of the surcharge may be waived,
reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained
by the jurisdiction which heard or processed the case and paid to the city
or county treasurer, for the purpose of providing services for the victims
of crime, including those required by law. Any funds retained by the
county or city treasurer pursuant to this subsection which are not used for
the provision of victim services at the end of the fiscal year may be used
for the capital and operating needs of the judicial system."
Severability clause
SECTION 8. If a provision of this act or the application of a provision
of this act to a person or circumstance is held to be invalid, the invalidity
does not affect other provisions or applications of this act which can be
given effect without the invalid provision or application, and to this end
the provisions of this act are severable.
Time effective
SECTION 9. Sections 1, 2, and 3 take effect on October 1, 1997. All
other sections take effect on July 1, 1997.
Approved the 13th day of June, 1997. |